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Employer not acknowledged my pregnancy(11 Posts)
I wonder if anyone can give me any advise on dealing with a very unhelpful employer!
I found out I was pregnant and decided to tell my employer within a week of finding out. I was only 8 weeks at that time but the morning sickness was quite bad so wanted to be honest about it.
When I told them they seemed a bit shocked as I’ve only been with the company 4 months but these things happens.
Since then my employer hasn’t acknowledged formally that I’m pregnant but I’m getting really worried they are trying to get out of paying me maternity pay.
I have put my pregnancy formally in writing to them and haven’t had any acknowledgement. Apparently they are meant to do a risk assessment too but this hasn’t been done either.
I have previously emailed them about what I do about my annual leave next year and that’s also been ignored.
I’ve now had my 12 week scan now and plan to put it in writing again that I’m pregnant and the dates I wish to go onto maternity.
Apparently they have 28 days to acknowledge and respond to the letter but I’m getting worried they are just ignoring it in the hope I’ll either resign or is this just games so they don’t have to Pay me?
Since I’ve told them I’m pregnant, all my works been taken off me and I have barely anything to do! I used to deal with customers but they’ve got me doing admin tasks and copying and pasting files? Which I’m sure isn’t legal either to change someone’s job role without telling them! Part of me thinks they are trying to be find and not stress me out but I also think they are just trying to get rid of me!
Then there’s the issue of annual leave. It says in my contract that I can’t carry over it get paid for unused holiday so surely I have to take it before? Even though I accrue holiday surely I can take the full years leave before as I’ll be off most of next year?
It’s a small company so we don’t have a HR team they outsource it. I’ve not been given any details for the HR company and there is nothing about pregnancy or maternity policies in my contract of staff handbook which again worries me!
I wonder if anyone has any experience of this? Or any advice?
Surely if I’m giving them over 15 weeks notice, that’s enough legally to ensure I’ll get maternity pay?
Any help would be greatly appreciated 😘
I think you'll get the basic statutory minimum but need to be somewhere longer normally to qualify for enhanced pay.
As long as you can prove you told them they can't deny it- have you got an email?
Based on the information you've give it sounds like you're eligible for SMP. When you are about 20 weeks you'll get your matb form and you should supply this to your employer and confirm again your maternity leave date,before you are 25 weeks. If they don't respond at this point I'd be concerned. Is it your line manager you're dealing with, are they just ignoring you when you talk to them about it?
Risk assessment, they should do one but it doesn't sound like you're in a particularly risky environment so I wouldn't worry too much.
Job changes: keep an eye on it but the tasks they've asked you to do sound in keeping with your role and could fall under "any other duties as required".
You should push for a risk assessment sooner rather than later.
agree with pp, they might be waiting for your MATB1 form? Where I work, HR don't confirm your leave and pay entitlements etc until they get the MATB1.
They don't have to do a risk assessment, and they'll be waiting for your MAT B1 form to formally accept your notification as this is their proof of pregnancy - not just you telling them.
I think you'll only be entitled to SMP so your employer would pay you 90% of your wages for 6 weeks and then £150 pw for the remainder of your mat leave. They would be refunded that by the government. It won't therefore cost them anything. They're probably just waiting for your MATB1 form which you'll give them at around 20 weeks. I would maybe chase up the risk assessment.
Hi everyone, thanks for all the advise!
Ok that’s good to hear then, I’ve been keeping a copy of all my appointment and scan dates plus copies of the email I sent with letter so have a track if everything, hopefully all be okay.
Has anyone had any experience with annual leave at all? Can you usually take all your annual leave beforehand even if though technically you haven’t accrued it yet?
Generally you take leave when you come back from mat leave, as a top up, and just take leave before hand as you need to - I took 2 weeks' leave before mat leave started but all leave accrued after that that date I took when I got back to work. Don't go made and sign up for all leave - remember you'll need some for the rest of the leave year after you come back to work, for baby being ill, family holidays etc.
The qualifying period for SMP is weeks 17 to 25 which you haven't worked yet. Work can not predict if you will qualify or not.
They don't need to do anything as yet.
They don't have to do a risk assessment, it depends on the job.
It is up to work how they operate annual leave. They don't have to give it to you beforehand if you have not accrued it. They may do but it is up to them. If you can't take it then you can carry it over if you are having the year off.
They will wait for your MAT b1 form and weeks 25 to see if you qualify for SMP.
AFAIK they do need to do a risk assessment even for a desk based job - it might not change anything but it's an acknowledgement of their responsibilities at least.
It's unlikely they will write to you about SMP or holidays until you submit your MATB1 form (normally issued at your MW appointment after the anomaly scan) as they won't know that you have qualified for SMP and don't have formal confirmation of your pregnancy either.
Since I’ve told them I’m pregnant, all my works been taken off me and I have barely anything to do! I used to deal with customers but they’ve got me doing admin tasks and copying and pasting files? Which I’m sure isn’t legal either to change someone’s job role without telling them!
Is that all you do all day? Have they literally removed all the responsibility you previously had, based on what you were employed to do 4 months ago? If so, you do need to bring to their attention that you don't need to be locked in a darkened room just because you're pg, nor does it mean your brain has turned to mush such that you have to be barred from dealing with customers, if that's what you're employed to do.
Don't let them off the hook on this, or make excuses for them, this is direct discrimination. They wouldn't do that to a man.